Search Results for: Occupier

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Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017

UTLC PARK HOMES – Pitch Fee Review – annual licence fee payable by park owner to local authority – delay in introducing licence fee – whether fee to be taken into account in determining pitch fee review – paras 18(1)(ba) and 20(A1), Sch 1, Mobile Homes Act 1983 – appeal allowed Citations: [2017] UKUT 28 … Continue reading Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Fowles v Bedfordshire County Council: CA 22 May 1995

The claimant had received some instruction as to the use of gymnastic mats, but the instruction from the defendants was inadequate and had not made him aware of the dangers. Subsequently, when the claimant used the mats with a friend on a subsequent occasion, without supervision, he suffered a serious injury. A Local Authority allowing … Continue reading Fowles v Bedfordshire County Council: CA 22 May 1995

Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995

The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.Morritt LJ discussed section 199: ‘Counsel for the wife … Continue reading Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995

Barrett v Ministry of Defence: CA 3 Jan 1995

The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995

Vyner v Waldenberg Brothers Ltd: CA 1946

Vyner was working a circular saw when part of his thumb was cut off. The saw failed in several respects to comply with the Woodworking Machinery Regulations, and in particular the guard was not properly adjusted. The accident happened before the passing of the 1945 Act, and the main defence was contributory negligence. Held: Scott … Continue reading Vyner v Waldenberg Brothers Ltd: CA 1946

Attorney General v British Broadcasting Council: HL 1981

The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt. Held: A body, which has a judicial function, was a court, whereas if it has an administrative function, albeit carried out judicially, it would not be a court. Lord … Continue reading Attorney General v British Broadcasting Council: HL 1981

Buckley v Dalziel: QBD 3 May 2007

There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007

Finbow v Air Ministry: 1963

The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the authorities on how to distringuish between a lease and a licence. Held: The misdescription of his … Continue reading Finbow v Air Ministry: 1963

Pride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd: CA 1953

The plaintiff brought an action for nuisance against the local authority for having discharged insufficiently treated effluent into the river Derwent. Held: The plaintiffs: ‘have a perfectly good cause of action for nuisance, if they can show that the defendants created or continued the cause of the trouble; and it must be remembered that a … Continue reading Pride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd: CA 1953

C and G Homes Ltd v Secretary Of State For Health: CA 1991

The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or suffer to be done in or upon the property any act … Continue reading C and G Homes Ltd v Secretary Of State For Health: CA 1991

In re Basham dec’d; Basham v Basham: 1986

The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had … Continue reading In re Basham dec’d; Basham v Basham: 1986

Howard and others v Kinvena Homes Limited: CA 19 Mar 1999

Application for leave to appeal – granted. Citations: [1999] EWCA Civ 1037 Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Citing: Cited – Stroud v Weir Associates CA 1987 The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of … Continue reading Howard and others v Kinvena Homes Limited: CA 19 Mar 1999

Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999

The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant had been granted a licence by the National Trust to … Continue reading Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999

Manchester Airport Plc v Dutton and others: CA 23 Feb 1999

The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence to enter on the land to remove the trees. The respondents said the … Continue reading Manchester Airport Plc v Dutton and others: CA 23 Feb 1999

Runnymede Borough Council v Smith: 1986

The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds. Citations: [1986] JPEL 592 Statutes: Town and Country (Amendment) Act 1971 90(2)(b) Jurisdiction: England and Wales Cited by: Cited – Wilson v Wychavon District Council and Another … Continue reading Runnymede Borough Council v Smith: 1986

Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was … Continue reading Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

Boyland and Son Ltd v Rand: CA 20 Dec 2006

The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006

Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998

The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own proceedings. Judges: Robert Walker LJ Citations: Times 14-Jan-1999, [1998] … Continue reading Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998

Manning v Hope (t/a the Priory): CA 8 Dec 1998

Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand. Citations: … Continue reading Manning v Hope (t/a the Priory): CA 8 Dec 1998

Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015

The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015

Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998

A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004

Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004

Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

Roles v Nathan: CA 15 May 1963

Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit. Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal succeeded.Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them … Continue reading Roles v Nathan: CA 15 May 1963

Rogerson v Wigan Metropolitan Borough Council: 2005

The court considered both whether Mohamed v. Manek was still binding and whether the facts of the case were covered by the prior decision, having regard in particular to the emphasis on transience which emerges from the judgment of Nourse LJ. Heled: The court referred to a possible situation in which the authority permits the … Continue reading Rogerson v Wigan Metropolitan Borough Council: 2005

Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

The court refused to set aside the council’s decision to register as a common a lesser area then applied for. ‘ Does the council have power to register a smaller area than applied for? It is perfectly true that there is no express power in either the Act or the Regulations to register a smaller … Continue reading Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002

Cunningham v Reading Football Club Ltd: 20 Mar 1991

The plaintiff sought damages after being injured by a piece of concrete thrown by a hooligan at a football match. Held: Where a land owner could reasonably expect that visiting fans might use broken off pieces of concrete and hurl them at others, and did not ensure that such pieces were removed, it could be … Continue reading Cunningham v Reading Football Club Ltd: 20 Mar 1991

Backer v Secretary of State for the Environment: 1983

Complaint was made that the occupier had taken up occupation of a vehicle, a Commer van, ‘adapted’ for human habitation, and therefore under the control of the 1960 Act, but on land for which there was no planning permission for use for caravans. Held: The defendant had merely placed bed and other furniture in an … Continue reading Backer v Secretary of State for the Environment: 1983

Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993

Bridget and Papendick v William Bridgwater: 31 May 1855

Plaintiff claimed a right of common by prescription, in respect of a que estate in land, and also by thirty and sixty years’ enjoyment by the occupiers of the land. Defendant offered evidence that A., now deceased, while tenant of the land for years, had declared that he had no such right in respect of … Continue reading Bridget and Papendick v William Bridgwater: 31 May 1855

Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

C and P Haulage v Middleton: CA 27 Jun 1983

The parties entered into an agreement allowing the defendant to occupy the plaintiff’s land. They had disputed whether it was a licence or a lease. The occupier had expended sums on improving the premises, but had then been summarily ejected. He now claimed damages. Other premises had become available and he otherwise had no losses, … Continue reading C and P Haulage v Middleton: CA 27 Jun 1983

Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007

The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007

Regina v Surrey County Council Ex Parte Bridge Court Holdings Ltd and Others: QBD 24 Feb 2000

Land was transferred to a company but the transfer not registered. The land had the benefit of a certificate of lawfulness of existing use for waste disposal. Doubts had arisen in the local authority about the correctness of the certificate, and they revoked it. They failed to serve the new owners or an occupier of … Continue reading Regina v Surrey County Council Ex Parte Bridge Court Holdings Ltd and Others: QBD 24 Feb 2000

Barrs Residential and Leisure Ltd v Pleass Thomson and Co (Park Homes – Succession): UTLC 29 Apr 2020

PARK HOMES – SUCCESSION – Mobile Homes Act 1983, section 3 – Variation of will of deceased occupier – Effect on succession to mobile home and pitch agreement by deceased’s son who was not himself occupying mobile home Citations: [2020] UKUT 114 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 22 … Continue reading Barrs Residential and Leisure Ltd v Pleass Thomson and Co (Park Homes – Succession): UTLC 29 Apr 2020

Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

The council had served a remediation notice on the appellants. The tenants said that they occupied only the ground floor of the building, but that the notice related to other discrete parts which they did not occupy. Held: The authority should have properly identified the actual occupiers. The notice was quashed. Judges: Wyn Williams J … Continue reading Toni and Guy (South) Ltd and Another v London Borough of Hammersmith and Fulham: Admn 11 Feb 2009

Bolton Council (Decision Notice): ICO 20 Sep 2011

The complainant has requested information concerning alterations being made to the interior of a neighbouring property. Bolton Council refused the request on the grounds that it was the personal data of the occupier of that property and that disclosure would be unfair to that individual. The Commissioner’s decision is that Bolton Council was correct to … Continue reading Bolton Council (Decision Notice): ICO 20 Sep 2011

Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox. Held: A certifying authority and its inspector were both liable in negligence having certified an … Continue reading Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

Lovell Projects Ltd v Legg and Carver: 2003

The court was asked whether the regulations applied to a construction contract. Judges: Judge Moseley QC Citations: [2003] BLR 452 Statutes: Unfair Terms in Consumer Contracts 1992 Jurisdiction: England and Wales Cited by: Cited – Domsalla (T/A Domsalla Building Services) v Dyason TCC 4-May-2007 A consumer has no grounds for complaining about the construction adjudication … Continue reading Lovell Projects Ltd v Legg and Carver: 2003

Adams v Naylor: HL 1946

The House disapproved of the practice of appointing a nominee defendant in tort actions against whom damages could be awarded as opposed to a party with crown immunity. The House refused to entertain a claim against a nominated army officer arising from injuries which children had sustained in a derelict minefield. Judges: Lord Simonds Citations: … Continue reading Adams v Naylor: HL 1946

Gray and others v Taylor: CA 2 Apr 1998

A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not … Continue reading Gray and others v Taylor: CA 2 Apr 1998

Karl Andrew Whyte v Redland Aggregates Limited: CA 27 Nov 1997

The appellant dived into a disused gravel pit and struck his head on an obstruction on the floor of the pit. The Court dismissed his appeal that he was not entitled to damages. Held: ‘In my judgment, the occupier of land containing or bordered by the river, the seashore, the pond or the gravel pit, … Continue reading Karl Andrew Whyte v Redland Aggregates Limited: CA 27 Nov 1997

Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997

The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997

National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001

The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s possession of the premises. Held: Such a clause was not consistent with a … Continue reading National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001

Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997

The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997

Bruton v London and Quadrant Housing Trust: CA 31 Jul 1997

A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. Citations: Times 14-Aug-1997, [1997] EWCA Civ 2255 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust … Continue reading Bruton v London and Quadrant Housing Trust: CA 31 Jul 1997

Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997

The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier. Judges: Woolf LJ, Roch LJ, Cotton LJ Citations: [1997] EWCA Civ 2232 Links: Bailii Statutes: Misuse of Drugs Act 1971 23(3) Jurisdiction: England and Wales Cited by: … Continue reading Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997

Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977. Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security … Continue reading Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

Capital and Counties Plc v Hampshire County Council: CA 14 Mar 1997

Consolidation of cases involving question of what duty was owed by a fire service to the owners of buildings.Whether and if so in what circumstances a fire brigade owes a duty of care to the owner or occupier of premises which are damaged or destroyed by fire. Judges: Stuart-Smith, Potter, Judge LJ Citations: [1997] EWCA … Continue reading Capital and Counties Plc v Hampshire County Council: CA 14 Mar 1997

Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it. Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, … Continue reading Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

McNamara v North Tyneside Metropolitan Borough Council: CA 21 Feb 1997

The claimant sought damages for personal injuries. The case he presented at trial differed from that pleaded, and he now appealed dismissal of his claim. Held: The variation was sufficiently serious to justify the refusal of relief. In fact the claim should be under Occupier’s Liability where the common law duty of care had been … Continue reading McNamara v North Tyneside Metropolitan Borough Council: CA 21 Feb 1997

Yui Tong Man v Mahmood and Another: CA 13 Dec 1996

Application for leave to appeal. The parties occupied adjoining premises under leases. The defendant sought to appeal an oder that he remove a refrigeration plant erected behind his premises, but on the roof of the other premises. Held: There was no ambiguity as to the boundaries. The roof area was not let to the occupier … Continue reading Yui Tong Man v Mahmood and Another: CA 13 Dec 1996

Church of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc: CA 17 Dec 1996

The court made orders for the orderly hearing of the cases which raised interdependent issues. Citations: [1996] EWCA Civ 1227 Jurisdiction: England and Wales Citing: See Also – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997 Three cases were brought against fire services after what were said to be negligent … Continue reading Church of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc: CA 17 Dec 1996

Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels. Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with straightaway, and the general problem posed by walked in water on a wet night, which … Continue reading Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Bruton v London and Quadrant Housing Trust: CA 3 Dec 1996

Citations: [1996] EWCA Civ 1080 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997 A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. … Continue reading Bruton v London and Quadrant Housing Trust: CA 3 Dec 1996

Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996

The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts. Held: The situation had to be looked at in the light of the particular circumstances. There … Continue reading Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

Regina v Chesterfield Borough Council Ex Parte Fullwood: CA 15 Jun 1993

A non-dependant joint occupier can be taken into account when a claimant applies for housing benefit, even though they were not themselves liable for the rent. Citations: Ind Summary 05-Jul-1993, Times 15-Jun-1993 Jurisdiction: England and Wales Benefits, Judicial Review Updated: 26 October 2022; Ref: scu.86347

Khorasandjian v Bush: CA 16 Feb 1993

The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many complaints against the defendant, including assaults, threats of violence, and … Continue reading Khorasandjian v Bush: CA 16 Feb 1993

Farrell v First National Bank Plc: LT 1 Nov 1999

LT COMPENSATION – mortgagee but not claimant appearing – unfit house – interior but not exterior well maintained – Housing Act 1985 Schedules 23 and 24 – whether entitlement to owner-occupier supplement – alternatively whether compensation to include well-maintained payment – evidence not establishing that claimant had interest in house throughout Schedule 24 qualifying period … Continue reading Farrell v First National Bank Plc: LT 1 Nov 1999

Cambridge City Council v Douglas: QBD 22 Mar 2001

The council issued an abatement notice on a public house with respect to noise from music inside. The notice included reference to a provision that an appeal would not suspend the notice, and that the authority could carry out works in default and recover the cost. The occupier appealed saying it was ambiguous. The divisional … Continue reading Cambridge City Council v Douglas: QBD 22 Mar 2001

Elrify v City of Westminster Council: CA 23 Mar 2007

The court considered what was to happen when a person in overcrowded accommodation sought rehousing: ‘Part 10 of the 1985 Act concerns overcrowding. Its pivotal provision is section 327 which provides that, subject to some exceptions, the occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence. It is … Continue reading Elrify v City of Westminster Council: CA 23 Mar 2007

Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

Massey-Harris-Ferguson (Manufacturing) Ltd v Piper: QBD 1956

‘persons employed’ where that expression was used in section 60 of the 1937 Act included not only servants of the occupier, but any other person who might be called on to do work in the factory, including a painter employed by an independent contractor.Lord Goddard CJ said, ‘The test is whether a person is employed … Continue reading Massey-Harris-Ferguson (Manufacturing) Ltd v Piper: QBD 1956

Revenue and Customs v Barkas: UTTC 15 Jan 2015

UTTC VALUE ADDED TAX – zero rating – DIY residential conversion scheme – conversion of two commercial buildings on same site into live/work unit consisting of residential building and workshop/office building – whether residential building designed as a dwelling – whether planning permission description of development as live/work unit and/or condition that workshop/office only to … Continue reading Revenue and Customs v Barkas: UTTC 15 Jan 2015

Barkas v North Yorkshire County Council: CA 23 Oct 2012

The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of right’?’ The appellant now appealed on an argument not put before … Continue reading Barkas v North Yorkshire County Council: CA 23 Oct 2012